FORESTRY IN GERMANY. 1 47 



. (2) Whoever, in like manner, is caught with a saw shall be fined 2 marks. 



(3) Wlioever uses other tools than a wooden rake for raking up litter shall be fined 2 marks. 



(4) Whoever, without permission, herds horses or cattle in a wood not belonging to him 

 shall be fined for each head — 



a. When it was done at night, I mark. 



b. When it was done in the day time, 50 pfennigs. 



(5) Whoever, in like manner, herds hogs or sheep shall be fined for each one — 



u. If done at night, 40 pfennigs. 

 b. If done in the day time, 20 pfennigs. 

 In numbers 4 and 5 the fine under a shall not exceed 20 marks and under b 10 marks . 

 If the act is done intentionally, or from negligence, the fines shall be doubled, so that they shall 

 then be, respectively, 40 marks and 20 marks. 



(6) Whoever, without permission, herds geese, according to the size of the drove, shall be 

 fined from 50 pfermigs to 2 marks. 



(7) Whoever herds goats in a wood not belonging to him, shall be fined for each one 2 

 marks, but the fine shall never exceed 20 marks. 



(8) Whoever, having the right to herd, shall, without permission, drive in other people's 

 stock with his own, shall be fined for each one according to the regulations under 4, 5, and 6. 



(9) If one of the pasture-trespasses under numbers 4 to 8 has been committed by a shepherd, 

 he alone shall be fined, provided that the owner of the stock is not guilty in the matter. But 

 if the trespass was committed with the knowledge or the guilt of the owner, he shall be deemed 

 guilty, and together with the shepherd, who is a partner of the trespass, shall be punished by 

 an imprisonment of from one to eight days with or without labor, according to section 5 of the 

 law of December 22, 1870. 



(10) Whoever leaves a fire set by him, with permission, in or near to a wood without entirely 

 putting it out, shall, as far as the penal law on arson does not take effect, be fined — 



a. In the months from November to March, inclusive, in the sum from I to 5 marks. 



b. In other months from 2 to 10 marks. 



(11) Whoever runs a wheelbarrow in a wood not belonging to him on a private road with- 

 out permission, and tears away or damages ditches for protection or draining, or throws down 

 or carries away other protections, section numbers, corner-stones, &c., or commits other impro- 

 prieties, shall, as far as the penal law on damage does not take effect, be fined from 50 pfennigs 

 to 2 marks. 



(12) Whoever drives with a wagon over places where young trees have been planted (nur- 

 sery) shall, with the same exceptions as in number 11, be fined from 2 to 10 marks. 



(13) Whoever drives with a wagon on a private road (with the exception of the aforesaid 

 nurseries) shall be fined from 50 pfennigs to 2 marks. 



(14) Whoever maliciously or wantonly, on standing or felled trees, cuts out or takes away 

 wood-marks, numbers, or other designations, or in any other way makes them unrecognizable, 

 shall, where a heavier fine cannot be imposed, be fined from 50 pfennigs to 4 marks. 



(15) Whoever tears down wood corded, leaped, or piled up shall be fined from 50 pfennigs 

 to 4 marks. 



(16) Whoever, when he is prohibited from selhng, does sell or otherwise dispose of wood 

 received either free or at a nominal price for his own use, under special privileges dated from 

 early times, shall, for each cord of wood so sold or disposed of, be fined from 10 to 20 marks. 



In cases of repetition of the same offense within the next five years after being punished, 

 he shall be fined from 12 to 30 marks. 



For the second or further repetitions of the offense, the temporary withdrawal of privileges 

 shall take effect as a punishment, but only on the person himself and for a period not exceed- 

 ing five years, provided that this was threatened at the time of the first offense, which should 

 always be the case. 



(17) Whoever sells or grants to others wood privileges which he has only for his own use, 

 shall be fined from 2 to 10 marks. 



